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does an employer have the right to search?

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  • #16
    We don't know, at this point, whether (1) or (2) applies here.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #17
      Number one applies to me, also no one knows that I do carry a gun in my vehicle, but I don't want to submit to a search because I am going to keep one in my vehicle. I have the legal right, and they do not have a legal right to stop me. I work in a very high crime area and I come and go at peak hours for crime. They have a policy that says I cannot carry one on my person or into their vehicles. As an aside I lock my gun in a floor mounted vehicle safe and the last time I told them I didn't have the key with me. I allowed the search but just because there is a safe in the vehicle doesn't mean anything is in it, nor am I required to carry a key to it. So the way I see it I put my gun in there,nobody knows one way or the other, and I tell them I don't have the key if they ask to search it.
      Last edited by Stridor; 05-26-2008, 01:45 PM.

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      • #18
        Originally posted by Stridor View Post
        Number one applies to me, also no one knows that I do carry a gun in my vehicle, but I don't want to submit to a search because I am going to keep one in my vehicle. I have the legal right, and they do not have a legal right to stop me.
        So, as I read it, you have the legal right to have the firearm in your vehicle. What is the problem with the search?

        The vehicle, if on the employer's property, can be searched. They cannot legally take action against you for having legal items, firearms included, in your vehicle on their property.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #19
          Originally posted by joec
          If the employer has a policy in place "no firearms on the premise" that right to carry goes out the window.
          Not in Mississippi, Joe. This is a fairly recent development and there are other states that have adopted similar laws. I am certain that other states will consider and, maybe, pass such legislation in the future.

          (1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #20
            Joe, it's not a public policy exception, it's a statutory exception. Two very different concepts.

            Additionally, if the car isn't on the employers property then they have very weak grounds for a search.

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            • #21
              Carrying a concealed weapons is allowed with a license, but the statute provides that employers may ban concealed weapons on the premises by posting signs to that effect. It's not unlawful for persons over 18 to have concealed weapons in their own place of business. Employers may also prohibit weapons in vehicles if they maintain a fenced and gated parking area with security personnel present Miss Code Ann 97-37-1. HB 1141 (appr. 6-1-06)
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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              • #22
                Yes they can, but since they don't, I'll be bringing mine, and they can deal with it.

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                • #23
                  Maybe this is a stupid question, but if the gun is locked in a safe in the car until you reach / leave the employer's premises, do you then stop your car in the dangerous area to open the safe and store / get your firearm? That would seem to increase your exposure to potential harm. If you don't do that, what's the point of having the gun in your car?

                  I assume the employer's concern involves its potential liability if you shoot someone or someone steals the gun from your car while it is parked in their lot and then uses it to shoot someone.

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                  • #24
                    Originally posted by joec
                    I would be surprised if you could get the N.R.A to submit an amicus brief on this one.
                    The NRA has been a champion of the changes in laws that do not allow employers to ban firearms from being in vehicles on company property.

                    http://www.nraila.org/issues/FactShe...ad.aspx?ID=193
                    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                    • #25
                      No, it isn't, only when I get to work. Until then it is in a shoulder holster under my left arm.
                      Originally posted by las365 View Post
                      Maybe this is a stupid question, but if the gun is locked in a safe in the car until you reach / leave the employer's premises, do you then stop your car in the dangerous area to open the safe and store / get your firearm? That would seem to increase your exposure to potential harm. If you don't do that, what's the point of having the gun in your car?

                      I assume the employer's concern involves its potential liability if you shoot someone or someone steals the gun from your car while it is parked in their lot and then uses it to shoot someone.

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                      • #26
                        Originally posted by Stridor View Post
                        No, it isn't, only when I get to work. Until then it is in a shoulder holster under my left arm.

                        Boy, I'd hate to have YOU mad at me.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #27
                          Originally posted by joec
                          Interesting if you notice in the article Oklahoma is mentioned,yet the courts in Oklahoma still upheld the "at-will" presumption (which is not provided in statute) over the employee right to a firearm (which is provided in statute) in Bastible v. Weyerhaeuser .
                          JoeC
                          The law was passed after and because of the termination of those employees.
                          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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